The Blame Game?

When describing a recent collision to a friend, the first question often asked is “Whose fault was the crash?” Often times before even asking if anyone is hurt! Well, the FMCSA (Federal Motor Carrier Safety Administration, or its less specific moniker DOT) also keeps track of which motorists or motor carriers are to blame; known as “Crash Preventability” with each crash being determined either “Preventable” or “Not Preventable”. Motor Carriers that are found at fault (or “Preventable,” meaning the company could’ve prevented the accident) carry the penalty for that at accident on their public safety profile for 2 years! It is a great benefit then that a motor carrier has the capacity to present evidence fighting to update the crash to “Not Preventable” through the Crash Preventability Determination Program or (CPDP) – essentially removing the negative weight against their safety rating.

What Is a Crash Per the DOT/FMCSA?

When considering crashes and preventability, it must be stated that not every crash is relevant to the FMCSA. There are collisions that the DOT won’t even attribute to your SAFER profile as a motor carrier as they may even qualify as a “DOT Crash” For an accident to be tracked by the FMCSA it must involve a Commercial Motor Vehicle in interstate or intrastate commerce on an accessible public road AND meet the following criteria:

1. Have a vehicle that was towed from the scene with a citation issued or
2. Required immediate medical treatment from the crash scene with a citation issued or
3. Result in a fatality.

If the accident meets the above definition of a DOT recordable accident there are specific DOT Post Accident testing procedures that must be followed as well. (FIND ARTICLE FOR THIS)

Category Update to Crash Preventability Program

If the accident truly is classified as a “DOT Crash” then the next step for your business could be to initiate a challenge for that collision to be classed as “Not Preventable.” “Preventable” is defined by the FMCSA as ‘If a driver, who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap, the accident was preventable.’’

As of December 2024, these categories have been expanded, the full list of acceptable crashes that can be submitted are the following:

1. CMV was struck in the rear by a motorist

2. CMV was struck on the side at the rear by a motorist

3. CMV was struck while legally stopped at a traffic control device or

parked, including while the vehicle was unattended

4. CMV was struck because another motorist was driving in the wrong direction

5. CMV was struck because another motorist was making a U-turn or illegal turn

6. CMV was struck because another motorist did not stop or slow in traffic

7. CMV was struck because another motorist failed to stop at a traffic control device

8. CMV was struck because another individual was under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred

9. CMV was struck because another motorist experienced a medical issue which contributed to the crash

10. CMV was struck because another motorist fell asleep

11. CMV was struck because another motorist was distracted (e.g., cellphone, GPS, passengers, other)

12. CMV was struck by cargo or equipment from another vehicle, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road)

13. CMV crash was a result of an infrastructure failure

14. CMV struck an animal

15. CMV crash involving a suicide death or suicide attempt

16. CMV was struck on the side by a motorist operating in the same direction as CMV

17. CMV was struck because another motorist was entering the roadway from a private driveway or parking lot

18. CMV was struck because another motorist lost control of the vehicle

19. CMV was involved in a crash with a non-motorist

20. CMV was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane, skydiver, or a deceased driver in another vehicle)

21. Any other type of crash, not listed above, where a CMV was involved and a video demonstrates the sequence of events of the crash

Evidence of preventability must be submitted to the FMCSA; this can be Police Accident Reports, Photos, videos, or other proofs showing the collision was “Not Preventable” by the driver.

Summary

The update to categories will be a great benefit to motor carriers who have been the victim of crashes that occurred out of their control. If you have any further questions on how to submit a crash for review or any DOT regulations questions, please contact us.

Thank you!